35 Ga. App. 503 | Ga. Ct. App. | 1926
1. Although - the statutory bond required of a guardian (Civil Code (1910), § 3047) is payable to the ordinary, suit thereon may -be maintained by the ward in his own name after becoming- of age, and need not be maintained by the ordinary suing for the use of
2. Suit may be maintained against the sureties upon the guardian’s bond although the guardian be not a party defendant in the same action. See answer to certified question in this case, 162 Ga. 143 (132 S. E. 755).
3. In a suit against the sureties upon a guardian’s bond by the ward after becoming of age, where the guardian was not made a party defendant, the petition, which recited that a personal judgment had been obtained against the guardian in a certain amount in a suit by the ward against the guardian for an accounting, and which recited a return of nulla bona upon an execution issued thereon against the guardian, and that the execution had not been paid, set out a cause of action and was not subject to general demurrer, nor to special demurrer upon the ground of nonjoinder of parties. The court erred in dismissing the petition.
Judgment reversed.